Texas' ban on gay marriage ruled unconstitutional

By Guillermo Contreras, San Antonio Express-News

Updated 1:53 pm, Wednesday, February 26, 2014

Photo: LISA KRANTZ, Lisa Krantz

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Mark Phariss, right, looks at his partner, Victor Holmes, as they stand behind their attorneys as they speak to the media after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Mark Phariss, right, looks at his partner, Victor Holmes, as they stand behind their attorneys as they speak to the media after the hearing for their request for a preliminary injunction to declare Texas' ban ... more

Photo: LISA KRANTZ, Lisa Krantz

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Plaintiffs Cleo DeLeon, from left, with her wife, Nicole Dimetman, and Victor Holmes, with his partner, Mark Phariss, speak to the media after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Plaintiffs Cleo DeLeon, from left, with her wife, Nicole Dimetman, and Victor Holmes, with his partner, Mark Phariss, speak to the media after the hearing for their request for a preliminary injunction to ... more

Photo: LISA KRANTZ, Lisa Krantz

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Plaintiffs Cleo DeLeon, from left, with her wife, Nicole Dimetman, and Victor Holmes, with his partner, Mark Phariss, stand behind their attorneys as they speak to the media after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Plaintiffs Cleo DeLeon, from left, with her wife, Nicole Dimetman, and Victor Holmes, with his partner, Mark Phariss, stand behind their attorneys as they speak to the media after the hearing for their request ... more

Photo: LISA KRANTZ, Lisa Krantz

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Plaintiffs Cleo DeLeon, from left, with her wife, Nicole Dimetman, and Victor Holmes, with his partner, Mark Phariss, stand with one of their attorneys, Frank Stenger-Castro, far right, as their other attorneys speak to the media after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Plaintiffs Cleo DeLeon, from left, with her wife, Nicole Dimetman, and Victor Holmes, with his partner, Mark Phariss, stand with one of their attorneys, Frank Stenger-Castro, far right, as their other attorneys ... more

Photo: LISA KRANTZ, Lisa Krantz

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"I'm not against anything. I just want people to know Jesus loves them," says Joseph Enderle as he stands in front of the John H. Wood, Jr. U.S. Courthouse during the hearing or a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. less

"I'm not against anything. I just want people to know Jesus loves them," says Joseph Enderle as he stands in front of the John H. Wood, Jr. U.S. Courthouse during the hearing or a preliminary injunction to ... more

Photo: LISA KRANTZ, Lisa Krantz

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Mark Phariss, right, walks with his partner, Victor Holmes, after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Mark Phariss, right, walks with his partner, Victor Holmes, after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. ... more

Photo: LISA KRANTZ, Lisa Krantz

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Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. The couple was legally married in Massachusetts in 2009. less

Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. ... more

Photo: Lisa Krantz

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Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. The couple was legally married in Massachusetts in 2009. less

Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. ... more

Photo: Lisa Krantz

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Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. The couple was legally married in Massachusetts in 2009. less

Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. ... more

Photo: Lisa Krantz

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Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. The couple was legally married in Massachusetts in 2009. less

Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. ... more

Photo: Lisa Krantz

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Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. less

Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in ... more

Photo: Lisa Krantz

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Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. less

Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in ... more

Photo: Lisa Krantz

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Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. less

Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in ... more

Photo: Lisa Krantz

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Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. The couple legally married in Massachusetts in 2009. less

Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional ... more

Photo: Lisa Krantz

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Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. The couple legally married in Massachusetts in 2009. less

Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional ... more

Photo: Lisa Krantz

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Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. The couple legally married in Massachusetts in 2009. less

Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional ... more

Photo: Lisa Krantz

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Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. The couple legally married in Massachusetts in 2009. less

Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional ... more

Photo: Lisa Krantz

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Plaintiff Victor Holmes waits to go through security for a hearing for his request with his partner, Mark Phariss, for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. less

Plaintiff Victor Holmes waits to go through security for a hearing for his request with his partner, Mark Phariss, for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the ... more

Photo: Lisa Krantz

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Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. less

Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in ... more

Photo: Lisa Krantz

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Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. less

Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in ... more

Photo: Lisa Krantz

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Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. The couple was legally married in Massachusetts in 2009. less

Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. ... more

Photo: Lisa Krantz

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Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednessday, Feb. 12, 2014. less

Victor Holmes, left, and Mark Phariss arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in ... more

Photo: Lisa Krantz

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Plaintiff Nicole Dimetman waits to go through security for her request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. less

Plaintiff Nicole Dimetman waits to go through security for her request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse ... more

Photo: Lisa Krantz

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Plaintiff Nicole Dimetman and Victor Holmes, left, wait to go through security for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. less

Plaintiff Nicole Dimetman and Victor Holmes, left, wait to go through security for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. ... more

Photo: Lisa Krantz

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Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. The couple was legally married in Massachusetts in 2009. less

Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. ... more

Photo: Lisa Krantz

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Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. The couple was legally married in Massachusetts in 2009. less

Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. ... more

Photo: Lisa Krantz

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Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional in San Antonio on Wednesday, Feb. 12, 2014. The couple legally married in Massachusetts in 2009. less

Cleo DeLeon left, and Nicole Dimetman, arrive at the John H. Wood Jr. U.S. Courthouse for the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional ... more

Photo: Lisa Krantz

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Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. The couple was legally married in Massachusetts in 2009. less

Cleo DeLeon, left, and Nicole Dimetman talk to the media before the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. ... more

Photo: Lisa Krantz

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Plaintiff Cleo DeLeon greets people as she waits to go through security for a hearing for her request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. less

Plaintiff Cleo DeLeon greets people as she waits to go through security for a hearing for her request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood ... more

Photo: Lisa Krantz

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Plaintiff Mark Phariss waits to go through security for a hearing for his request with his partner, Victor Holmes, for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood Jr. United States Courthouse in San Antonio on Wednessday, Feb. 12, 2014. less

Plaintiff Mark Phariss waits to go through security for a hearing for his request with his partner, Victor Holmes, for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the ... more

Photo: Lisa Krantz

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Cleo DeLeon embraces fellow plaintiff, Victor Holmes, after lunch at Liberty Bar with their legal team after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Cleo DeLeon embraces fellow plaintiff, Victor Holmes, after lunch at Liberty Bar with their legal team after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage ... more

Photo: LISA KRANTZ, Lisa Krantz

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Nicole Dimetman, right, relaxes with her wife, Cleo DeLeon, as they have lunch with fellow plaintiffs Mark Phariss and his partner, Victor Holmes, far left, as they have lunch with their legal team at Liberty Bar after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Nicole Dimetman, right, relaxes with her wife, Cleo DeLeon, as they have lunch with fellow plaintiffs Mark Phariss and his partner, Victor Holmes, far left, as they have lunch with their legal team at Liberty ... more

Photo: LISA KRANTZ, SAN ANTONIO EXPRESS-NEWS

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Plaintiffs Victor Holmes, from left, with his partner Mark Phariss, and Cleo DeLeon, with her wife, Nicole Dimetman, have lunch with their legal team at Liberty Bar after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Plaintiffs Victor Holmes, from left, with his partner Mark Phariss, and Cleo DeLeon, with her wife, Nicole Dimetman, have lunch with their legal team at Liberty Bar after the hearing for their request for a ... more

Photo: LISA KRANTZ, SAN ANTONIO EXPRESS-NEWS

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Plaintiffs Mark Phariss, from left, and Cleo DeLeon, with her wife, Nicole Dimetman, have lunch with their legal team at Liberty Bar after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Plaintiffs Mark Phariss, from left, and Cleo DeLeon, with her wife, Nicole Dimetman, have lunch with their legal team at Liberty Bar after the hearing for their request for a preliminary injunction to declare ... more

Photo: LISA KRANTZ, Lisa Krantz

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Plaintiffs Victor Holmes, from left, with his partner Mark Phariss, and Cleo DeLeon, with her wife, Nicole Dimetman, have lunch with their legal team at Liberty Bar after the hearing for their request for a preliminary injunction to declare Texas' ban on same-sex marriage unconstitutional at the John H. Wood, Jr. U.S. Courthouse in San Antonio on Wednesday, Feb. 12, 2014. less

Plaintiffs Victor Holmes, from left, with his partner Mark Phariss, and Cleo DeLeon, with her wife, Nicole Dimetman, have lunch with their legal team at Liberty Bar after the hearing for their request for a ... more

Photo: LISA KRANTZ, Lisa Krantz

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Supporters of marriage equality including Julius Lorenzi, center, participate in the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014. less

Supporters of marriage equality including Julius Lorenzi, center, participate in the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San Antonio on Tuesday, Feb. ... more

Photo: Lisa Krantz

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Supporters of marriage equality cross Commerce Street during the "Light The Path to Marriage Equality" march from Milam Park to the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014.

Supporters of marriage equality cross Commerce Street during the "Light The Path to Marriage Equality" march from Milam Park to the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014.

Photo: Lisa Krantz

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Supporters of marriage equality including Julius Lorenzi, left, chant during the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014. less

Supporters of marriage equality including Julius Lorenzi, left, chant during the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, ... more

Photo: Lisa Krantz

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Supporters of marriage equality walk by San Fernando Cathedral during the "Light The Path to Marriage Equality" march from Milam Park to the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014.

Supporters of marriage equality walk by San Fernando Cathedral during the "Light The Path to Marriage Equality" march from Milam Park to the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014.

Photo: Lisa Krantz

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Noel Bonham, 10, kisses his mother, Amy Bonham, during the "Light The Path to Marriage Equality" candlelight vigil in San Antonio on Tuesday, Feb. 11, 2014. Supporters of marriage equality marched from Milam Park to the Bexar County Courthouse during the event organized by GetEQUAL Texas. Noel's sister, Felicia Quintanilla, left, is gay and hopes to be able to marry her partner when the time comes. less

Noel Bonham, 10, kisses his mother, Amy Bonham, during the "Light The Path to Marriage Equality" candlelight vigil in San Antonio on Tuesday, Feb. 11, 2014. Supporters of marriage equality marched from Milam ... more

Photo: Lisa Krantz

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Supporters of marriage equality including Werner Mendizabal and Mayra Alexandra, right, participate in the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014. less

Supporters of marriage equality including Werner Mendizabal and Mayra Alexandra, right, participate in the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San ... more

Photo: Lisa Krantz

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Supporters of marriage equality including Julius Lorenzi, left, participate in the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014. less

Supporters of marriage equality including Julius Lorenzi, left, participate in the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, ... more

Photo: Lisa Krantz

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Eliza McAdams, left, and Christina Parker attend the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014. Supporters of marriage equality marched from Milam Park to the courthouse during the event organized by GetEQUAL Texas. McAdams and Parker are engaged to be married and are planning their wedding for next year in Corpus Christi. less

Eliza McAdams, left, and Christina Parker attend the "Light The Path to Marriage Equality" candlelight vigil outside the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014. Supporters of marriage ... more

Photo: Lisa Krantz

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Supporters of marriage equality march during the "Light The Path to Marriage Equality" march from Milam Park to the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014.

Supporters of marriage equality march during the "Light The Path to Marriage Equality" march from Milam Park to the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014.

Photo: Lisa Krantz

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Supporters of marriage equality chant as they wait to cross a street during the "Light The Path to Marriage Equality" march from Milam Park to the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014. less

Supporters of marriage equality chant as they wait to cross a street during the "Light The Path to Marriage Equality" march from Milam Park to the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, ... more

Photo: Lisa Krantz

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Supporters of marriage equality including Julius Lorenzi, left, and Richard David Anthony, right, chant as they wait to cross a street during the "Light The Path to Marriage Equality" march from Milam Park to the Bexar County Courthouse in San Antonio on Tuesday, Feb. 11, 2014. less

Supporters of marriage equality including Julius Lorenzi, left, and Richard David Anthony, right, chant as they wait to cross a street during the "Light The Path to Marriage Equality" march from Milam Park to ... more

Photo: Lisa Krantz

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Texas' ban on gay marriage ruled unconstitutional

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SAN ANTONIO — A federal judge in San Antonio on Wednesday declared Texas' ban on gay marriage unconstitutional. The Lone Star state's refusal to recognize out-of-state same-sex marriages is also unconstitutional, he ruled.

U.S. District Judge Orlando Garcia, however, also issued a stay, meaning the bans remain in effect for the time being.

Two gay couples have sued the state aiming to overturn the bans. One lesbian couple had to go to Massachusetts to get married, and they want Texas to recognize the union. A second couple had a courtship of 17 years and say they want to get married here in their home state.

Garcia ruled that the couples met the criteria for a preliminary injunction, including the likelihood of winning the suit.

Nationwide, seven states have struck down same-sex marriage bans, in whole or in part, in the past 65 days. But every state, including now Texas, has a stay in effect leaving the laws in place until the issue is visited by the U.S. Supreme Court.